EKTELON v. CITY OF SAN DIEGO

Docket No. D002575.

200 Cal.App.3d 804 (1988)

246 Cal. Rptr. 483

EKTELON et al., Plaintiffs and Appellants, v. CITY OF SAN DIEGO et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 25, 1988.


Attorney(s) appearing for the Case

COUNSEL

Jennings, Engstrand & Henrikson, Paul D. Engstrand, Gerard Smolin, Jr., and Gregory V. Moser for Plaintiffs and Appellants.

John W. Witt, City Attorney, Ronald L. Johnson Chief Deputy City Attorney, C. Alan Sumption, Deputy City Attorney, McInnis, Fitzgerald, Rees, Sharkey & McIntyre, Reeve J. Jacques, George E. Fleming, Gilson & Heaton, Virginia R. Gilson and Roger L. Heaton for Defendants and Respondents.


[Opinion certified for partial publication.1]

OPINION

WORK, J.

Several commercial property owners and tenants sued an upstream developer and the City of San Diego (City) for flood damages. The trial court granted nonsuit for the developer and as to part of the lawsuit against City, finding ordinary negligence principles do not govern upstream developments. The City obtained a defense judgment on...

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